G.R. No. 28320, September 20, 1927
Rufo San Juan, Petitioner-Appellee, vs. Perfecto Abordo, Respondent-Appellant.

FACTS

1. In the June 2, 1925 elections for Provincial Governor of Palawan, the provincial board of canvassers proclaimed Perfecto Abordo as the elected governor, having received 1,444 votes against Rufo San Juan’s 1,406 votes.
2. On July 1, 1925, San Juan filed an election protest in the Court of First Instance (CFI) of Palawan against Abordo’s election.
3. Abordo filed a counter-protest.
4. During the pendency of the judicial election contest, San Juan also initiated an administrative protest with the Executive Bureau, challenging Abordo’s eligibility on the ground that he did not possess the required residency in Palawan at the time of the election.
5. The administrative proceedings, conducted under Section 408 of the Election Law, resulted in Proclamation No. 48, series of 1926, issued by Governor-General Leonard Wood on October 18, 1926. The proclamation, based on the opinion of the Attorney-General, declared that Abordo was ineligible for the office due to lack of the required residence and, consequently, declared the office of Provincial Governor of Palawan vacant.
6. Despite this proclamation, the CFI proceeded with the election contest and rendered a decision on March 27, 1927. The court, after a revision of ballots, found that San Juan obtained 1,340 votes and Abordo 1,067 votes. The court declared Abordo’s votes null due to his ineligibility.
7. Abordo appealed the CFI decision to the Supreme Court.
8. San Juan moved to dismiss the appeal on three grounds: (a) the appeal was filed out of time; (b) Abordo had already been declared ineligible and the office declared vacant by the Governor-General’s proclamation; and (c) Abordo was not a registered candidate and was therefore ineligible.

ISSUE

Whether the appeal filed by Perfecto Abordo in the Supreme Court should be dismissed in light of the Governor-General’s Proclamation No. 48, which declared him ineligible for the office and the office vacant.

RULING

YES, the appeal is DISMISSED.

The Supreme Court granted the motion to dismiss the appeal based primarily on the second ground raised by San Juan (the Governor-General’s proclamation).

1. The Proclamation Renders the Appeal Moot and Ineffectual. The Court held that the Governor-General’s Proclamation No. 48, issued under the authority of Section 408 of the Election Law, had conclusively declared Abordo ineligible for the office of Provincial Governor and the office vacant. Any judgment the Supreme Court could potentially render in Abordo’s favor on appeal (e.g., finding he received more votes) would be “entirely ineffectual and nugatory” and “impossible of execution” because he was legally disqualified from holding the office.

2. The Courts Lack Jurisdiction Over Questions of Eligibility in This Context. The Court cited the doctrine in *Topacio vs. Paredes* (23 Phil. 238), which holds that courts trying election contests have no jurisdiction to pass upon the eligibility of a candidate elected to an office. The resolution of questions regarding eligibility for provincial elective offices is, by law, vested exclusively in the executive department (through the administrative process under Section 408 of the Election Law). Therefore, Abordo could not use the judicial appeal to challenge his own or San Juan’s eligibility.

3. Public Policy Favors Prompt Termination of Election Controversies. The Court emphasized the public interest in the speedy and economical determination of election contests to end uncertainty, quell political strife, and restore political repose in the community. Allowing an appeal that could yield no practical result would contravene this policy.

Since the appeal was dismissed on this fundamental and dispositive ground, the Supreme Court found it unnecessary to discuss the other grounds for dismissal (i.e., timeliness of the appeal and Abordo’s status as a registered candidate).

DISPOSITIVE PORTION:
The appeal is hereby dismissed, with costs against the appellant, Perfecto Abordo.